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Sanchez, Michael & Naomi - 1206 Sycamore Court - AmendmentProject: Santa Teresa Boulevard Project Improvement Address: 1206 Sycamore Court APN: 783 -39 -050 FIRST AMENDMENT TO THE RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT This amendment to the Right of Entry and Temporary Construction Easement ( "First Amendment to Right of Entry ") is made and entered into on this 30th day of March, 2004, ( "Effective Date ") by and between the City of Gilroy, California, a municipal corporation of the State of California, ( "City ") and Michael Sanchez and Naomi Sanchez, ( "Grantors "). City and Grantors may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS: A. City and Grantors are currently Parties to a Right of Entry and Temporary Construction Agreement, recorded at the Santa Clara County Recorder's Office, Document Number: 16918912, dated: March 28, 2003 (hereinafter "Right of Entry "); NOW, THEREFORE, in consideration of the factual premises and the covenants and conditions set forth in this First Amendment to Right of Entry, City and Grantor hereby agree as follows: Section 5 of the Right of Entry is hereby amended to read as follows: "5. Where necessary, improvements on the Property will be removed by the City. Such improvements will be reconstructed at the City's sole expense upon the termination of the Easement, or if reconstruction is not feasible, the City will pay Grantor the value of such improvements, which payments shall be in addition to the purchase price for the Easement as set forth above." 2. All other terms of the Right of Entry which are not in conflict with the provisions of this First Amendment to Right of Entry, shall remain unchanged in full force and effect. In case of a conflict in the terms of the Right of Entry and this First Amendment to Right of Entry, the provisions of this First Amendment to Right of Entry shall control. 1JH1618021.1 01- 030904 - 04706002 DOCUMENT: 17695866 Pages 3 No Fees When recorded return to: Taxes ... Copies.. City of Gilroy AMT PAID �- City Hall BRENDA DAVIS 7351 Rosanna Street SANTA CLARA COUNTY RECORDER RDE # 007 Gilroy, CA 95020 Recorded at the request of 4/02/2004 City 11 59 AM SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 1206 Sycamore Court APN: 783 -39 -050 FIRST AMENDMENT TO THE RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT This amendment to the Right of Entry and Temporary Construction Easement ( "First Amendment to Right of Entry ") is made and entered into on this 30th day of March, 2004, ( "Effective Date ") by and between the City of Gilroy, California, a municipal corporation of the State of California, ( "City ") and Michael Sanchez and Naomi Sanchez, ( "Grantors "). City and Grantors may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS: A. City and Grantors are currently Parties to a Right of Entry and Temporary Construction Agreement, recorded at the Santa Clara County Recorder's Office, Document Number: 16918912, dated: March 28, 2003 (hereinafter "Right of Entry "); NOW, THEREFORE, in consideration of the factual premises and the covenants and conditions set forth in this First Amendment to Right of Entry, City and Grantor hereby agree as follows: Section 5 of the Right of Entry is hereby amended to read as follows: "5. Where necessary, improvements on the Property will be removed by the City. Such improvements will be reconstructed at the City's sole expense upon the termination of the Easement, or if reconstruction is not feasible, the City will pay Grantor the value of such improvements, which payments shall be in addition to the purchase price for the Easement as set forth above." 2. All other terms of the Right of Entry which are not in conflict with the provisions of this First Amendment to Right of Entry, shall remain unchanged in full force and effect. In case of a conflict in the terms of the Right of Entry and this First Amendment to Right of Entry, the provisions of this First Amendment to Right of Entry shall control. 1JH1618021.1 01- 030904 - 04706002 I . The Parties acknowledge and accept the terms and conditions of this First Amendment to the Right of Entry as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this First Amendment to Right of Entry shall become operative on the Effective Date first set forth above. Executed on this 30`x' day of March 2004. \JH \618021.1 01- 030904 - 04706002 STATE OF CALIFORNIA ss. COUNTY OF SANTA CLARA CAPACITY CLAIMED BY SIGNER s ) - ' Though statute does not require the Notary On 3.3C� � 1 ,before me, `L ��rvti :� t��. _ �. �KY� -.,� �-, �- �; to fill in the data below, doing so may prove invaluable to persons relying on the personally appeared rx" "'` �� (� ear �, .�cv� c- document. .INDIVIDUAL ❑ personally known to me -OR- [� proved to me on the basis of satisfactory El OFFICERS(S) evidence to be the person(s) whose EDNA MARLENE CAhgPERO� COMM, #1459549 NOTARY PUBLIC -CALIFORNIA :t • SAN MATEO COUNTY MY COMM. EXPIRES DEC. 30, 2001 1J H1618021.1 01- 030904 - 04706002 name(s) Mare subscribed to the within instrument and acknowledged to me that hefs /they executed the same in hislmrAheir authorized capacity(ies), and that by 4is4tcr /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE NOTARY C E Title(s) PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies)